Access the full text of Sierra Leone’s Magistrates’ Courts (Small Commercial Claims) Rules, 2021 (Statutory Instrument No. 8 of 2021). This document outlines the expedited legal framework for handling commercial disputes under 50 million Leones, detailing procedures for case management, pre-trial settlements, default judgments, enforcement, and appeals to ensure speedy disposal of small commercial claims.
For small and medium-sized enterprises (SMEs) in Sierra Leone, a lingering debt or a breach of contract can be the difference between survival and bankruptcy. Historically, pursuing small commercial disputes through the standard court system was often a pyrrhic victory costing more in time and legal fees than the value of the debt itself.
Enter the Magistrates’ Courts (Small Commercial Claims) Rules, 2021.
This Statutory Instrument (No. 8 of 2021) represents a significant shift in Sierra Leone’s judicial landscape. By creating a dedicated fast-track lane for smaller commercial disputes, the Judiciary has aimed to decongest the courts and provide a commercially viable way for businesses to enforce contracts.
Here is a comprehensive breakdown of what these rules mean for businesses, lawyers, and the general public.
1. What Qualifies as a “Small Claim”?
The Rules specifically target “liquidated claims of a commercial nature.” To file a case in this dedicated track, your dispute must meet two main criteria:
Monetary Limit: The value of the claim must be below Le 50,000,000 (Fifty Million Leones).
Nature of the Claim: It must be commercial.
What is Excluded?
The court will not hear cases regarding customary law, defamation, malicious prosecution, family matters (divorce/custody), or labor disputes (wages/workers’ compensation). Those remain in their traditional jurisdictions.
2. The 90-Day Revolution
Perhaps the most radical provision of the 2021 Rules is the strict timeline imposed on the court. Order 18, Rule 1 mandates that claims must be disposed of within 90 days from the date of filing.
To achieve this, the Rules attack the common causes of delay:
Adjournments: Adjournments are strictly limited to 72 hours (3 days) and are granted only in exceptional circumstances.
Trial Duration: Once a trial begins, it should ideally run day-to-day, and the entire trial period must not exceed 30 days.
Judgment: Judgments must be delivered within 14 days of the hearing’s conclusion.
3. Modernizing Service: The WhatsApp Clause
Recognizing the digital age, the Rules have modernized how court documents are served. Under Order 6, Rule 5, service can be effected electronically. The Rules recognize WhatsApp, SMS, and Email as valid methods of service.
This eliminates the age-old excuse of “I didn’t receive the papers” when the defendant is clearly active on their mobile device. A “sent status report” (like a double blue tick) can be deemed proof of service.
4. Mandatory Pre-Trial Settlement (ADR)
Before a full trial begins, the Rules mandate a “Pre-Trial Settlement Conference” (Order 11).
The Goal: To settle the matter amicably via mediation, negotiation, or arbitration.
The Incentive: If the parties settle here, the resulting “Consent Judgment” is exempt from judgment fees.
The Timeline: This settlement phase is strictly time-boxed to 14 days.
If settlement fails, the case moves immediately to trial. This “ADR-first” approach saves court resources and preserves business relationships.
5. Case Management: The Judge in the Driver’s Seat
The Rules empower Magistrates to take an active role in case management. Under Order 12, a Case Management Conference is held to:
Set a strict hearing timetable.
Simplify issues in dispute.
Verify bundles and exhibits.
If a party drags their feet or fails to comply with these directions, the Magistrate has the power to dismiss their claim or enter judgment against them immediately.
6. Simplified Costs and Fees
The Second Schedule of the Rules outlines a transparent and affordable fee structure to encourage access to justice:
Issuing a Claim: Le 30,000
Filing a Defence: Le 30,000
Entering Consent Judgment: Le 50,000
Furthermore, the Rules limit the interest recoverable on claims to between 3% and 7%, preventing predatory interest claims often seen in loan shark disputes.
Conclusion
The Magistrates’ Courts (Small Commercial Claims) Rules, 2021 are more than just procedural updates; they are an economic tool. By ensuring that contracts can be enforced quickly and cheaply, Sierra Leone reduces the risk of doing business.
For the trader in Makeni, the supplier in Bo, or the startup in Freetown, the message is clear: The courts are now open for business, and they are working on your timeline.